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Esanda Car Loans (ANZ and Macquarie Bank) Flex Commissions Class Action 

The class action concerns flex commissions paid by ANZ to car dealers.  ANZ allowed car dealers to set the interest rates on consumers’ car loans.  The higher the interest rate set by a dealer, the higher the flex commission paid by ANZ to the dealer.  The class action alleges that flex commissions were unfair and unlawful and resulted in consumers paying higher interest rates on their loans then they otherwise would have done.

Group members had a consumer car loan arranged through a car dealer between 1 January 2011 and 31 March 2016 on which a flex commission was paid by ANZ to the car dealer.

Proposed settlement

The parties have agreed to settle the Esanda car loans (ANZ and Macquarie Bank) flex commissions class action for $85 million including legal costs. The proposed settlement has been agreed on a no admission of liability basis.

The settlement is subject to approval of the Supreme Court of Victoria. The Court will conduct a hearing on Friday, 9 May 2025 at 10:30am to decide whether to approve the proposed settlement and, if approved, how the settlement sum will be distributed to group members.

If the Court approves the proposed settlement, it will bind all group members, except those who opted-out of the proceeding. 

The registration period has closed

The deadline to register to participate in the proposed settlement of the Esanda car loans (ANZ and Macquarie Bank) flex commissions class action has passed.

Group members were able to register their claims between 14 February 2025 and 14 March 2025. This was a Court ordered deadline and Maurice Blackburn does not have the discretion to accept registrations after this time.

FAQs for Esanda car loans (ANZ and Macquarie Bank) flex commissions class action

If the Court approves the proposed settlement, the settlement sum will be distributed to eligible group members pursuant to a settlement distribution scheme.  A copy of the proposed settlement distribution scheme is available here. It is subject to approval by the Court. The settlement distribution scheme aims to deliver a simple, fair and cost-effective way to distribute the settlement funds to eligible group members.

Under the proposed settlement distribution scheme, the settlement sum will not be divided equally between eligible group members. This is because group members’ claims have different values, risks and complexities associated with them. 

We are unable to provide group members with an estimate of the amount of money they will receive if found eligible to participate in the proposed settlement. This is because any amount of compensation they receive will depend on a range of factors, including the:

  • number of group members who registered to participate in the proposed settlement;
  • terms of their loan contract; and
  • date on which they entered their car loan contract.

At this stage, we are unable to tell eligible group members when they will receive compensation.   

The Court will be asked to approve the following deductions from the settlement sum before the remainder is distributed to eligible group members.

Legal costs:

The Court has made a ‘group costs order’ of 24.5% in this proceeding. This means that Maurice Blackburn will be paid 24.5% of the settlement sum (i.e., $20,825,000) for legal costs and the risks it took in running the class action from August 2020 to 9 May 2025. The Court may adjust the group costs order if it considers it appropriate to do so. 

Plaintiff’s reimbursement payment: 

The Court will be asked to approve a reimbursement payment of $30,000 to the Plaintiff to compensate him for his time associated with the class action. 

Settlement administration costs: 

The Court will be asked to appoint Maurice Blackburn as the settlement administrator to implement the settlement distribution scheme. 

We estimate that there will be up to $3.5 million in settlement administration costs associated with implementing the settlement distribution scheme. 

You will never be asked to pay any costs out of your own pocket. 

The Court has made a group costs order of 24.5% in the class action. This means that Maurice Blackburn will be paid 24.5% of the settlement sum for legal costs and the risk it took in running the class action. The Court will also be asked to approve the Plaintiff’s reimbursement payment and settlement administration costs as outlined above.  These costs will be deducted from the settlement sum before the remainder is distributed to eligible group members.

If you have any questions regarding the above, you can contact our team on:



Westpac & St George Flex Commissions Class Action and Macquarie Leasing Flex Commissions Class Action

These class actions concern flex commissions paid by Westpac, St. George and Macquarie Leasing to car dealers.  Westpac, St. George and Macquarie Leasing allowed car dealers to set the interest rates on consumers’ car loans.  The higher the interest rate set by a dealer, the higher the flex commission paid by Westpac, St. Geroge or Macquarie Leasing to the dealer.  The class actions allege that flex commissions were unfair and unlawful and resulted in consumers paying higher interest rates on their loans then they otherwise would have done.

Group members had a consumer car loan arranged through a car dealer between 1 March 2013 and 31 October 2018 with Westpac, St. George and/or Macquarie Leasing. 

Joint trial

The joint trial of these class actions was heard before the Honourable Justice Dixon of the Supreme Court of Victoria between 14 October 2024 and 21 November 2024.

Justice Dixon has reserved his decision. We expect him to deliver judgment sometime in 2025. The results of any judgment will be published on this webpage.

Contact the team

If you need to update your contact details, please email the team at Flexclassaction@mauriceblackburn.com.au with your new contact details. Please put “Change in Contact Details” in the subject line of your email.  

Australian leaders in class actions.

Our reputation for excellence in class actions is unparalleled, having recovered more than $4.3 billion for clients.

We are the only Australian class actions firm to deliver $100m+ settlements to clients in shareholder and listed securities actions, which we have done on ten occasions.  

Lower cost to clients

Biggest recoveries

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Australian leaders in class actions.

Our reputation for excellence in class actions is unparalleled, having recovered more than $4.3 billion for clients.

We are the only Australian class actions firm to deliver $100m+ settlements to clients in shareholder and listed securities actions, which we have done on ten occasions.  

Lower cost to clients

Biggest recoveries

Most experienced

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Our Canberra office is now closed, but our team continues to serve ACT clients and are available for phone and video appointments. If you need legal advice, please call us on 1800 675 346.

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.